WESTPORT — Less than two weeks ago, selectmen voted 3-2 to give a stretch of Beach Avenue a gravel treatment instead of paving it with asphalt.

Despite the vote, selectmen still could not quite turn the page, engaging in a lengthy debate on Monday and receiving some legal answers from town counsel David Jenkins, present at the meeting.

Jenkins told the board something that Selectmen Chairman Antone Vieira Jr. saw as a game changer: Ordinary repair of a town road falls under the jurisdiction of the Highway Department. Citing state law, Jenkins said that even an appointed highway surveyor can make that decision without selectmen intervention.

Highway Surveyor Chris Gonsalves on Monday reiterated his stance that the road should be paved with asphalt, which would make it easier for his staff to maintain.

"I am suggesting there are some legal ramifications from the vote last week," Vieira told board members. His argument did little to sway Selectmen Craig Dutra, Steven Ouellette and R. Michael Sullivan.

The three voted for the gravel treatment at the June 24 meeting, which would include a privately funded and maintained turnaround so vehicles can park on the north side of the road, the legally authorized parking section. At last Monday's meeting, they voted 3-2 to have counsel look into whether the project constitutes an ordinary repair. Vieira and Spirlet voted against the move.

Business Manager Steve Lombard also said he reached out to the state Department of Transportation about whether they would finance the gravel treatment. Lombard said he had not heard back from the state DOT.

As it stands, selectmen this year voted to repave East Beach Road and Riverview Road, adding on Beach Avenue as the alternate. The project would be financed through state funds.

Dutra said that point is not essential, as the whole project is dependent on available funds.

He also said the board was acting within its scope. Dutra said the board has the authority to approve what roads will be funded, and deciding that Beach Avenue should receive gravel treatment is not beyond the board's jurisdiction.

Sullivan also noted that the Beach Avenue issue goes beyond the debates on how to repair it. He said the board has spent many hours debating one tenth of 1 percent of the town's roads.

Narragansett Improvement Co. was approved on Monday to begin paving East Beach Road and Riverview Avenue, dependent on funding, from July 14 to early September. The company was the lowest bidder at just above $200,000.